their lives but also to promote their well-being. Murder, there- fore, is the highest crime which a man can commit against a fel- low-man.
Capital Punishment.
As the sixth commandment forbids malicious homicide, it is plain that the infliction of capital punishment is not included in the prohibition. Such punishment is not inflicted to gratify re- venge, but to satisfy justice and for the preservation of society. As these are legitimate and most important ends, it follows that the capital punishment of murder is also legitimate. Such punish- ment, in the case of murder, is not only lawful, but also obliga- tory.
1. Because it is expressly declared in the Bible, " Whoso sheddeth man's blood, by man shall his blood be shed : for in the image of God made he man." (Gen. ix. 6.) That this is of perpetual obligation is clear, because it was given to Noah, the second head of the human race. It was, therefore, not intended for any particular age or nation. It is the announcement of a general principle of justice ; a revelation of the will of God. Moreover the reason assigned for the law is a permanent reason. Man was created in the image of God ; and, therefore, whoso sheds his blood, by man shall his blood be shed. This reason has as much force at one time or place as at any other. Rosenmiiller's comment on this clause is, " Cum homo ad Dei imaginem sit f actus, aequum est, ut, qui Dei imaginem violavit et destruxit, occidatur, cum Dei imagini injuriam faciens, ipsum Deum, illius auctorem, petierit." x This is a very solemn consideration, and one of wide application. It applies not only to murder and other injuries in- flicted on the persons of men, but also to anything which tends to degrade or to defile them. The Apostle applies it even to evil words, or the suggestion of corrupt thoughts. If it is an outrage to defile the statue or portrait of a great and good man, or of a father or mother, how much greater is the outrage when we defile the imperishable image of God impressed on the immortal soul of man. We find the injunction, that the murderer should sure- ly be put to death, repeated over and over in the Mosaic law. (Ex. xxi. 12, 14; Lev. xxiv. 17; Num. xxxv. 21; Deut. xix. 11, 13.)
There are clear recognitions in the New Testament of the con- tinued obligation of the divine law that murder should be pun- ished with death. In Romans xiii. 4, the Apostle says that the
i Scholia in Vetus Testamentum, Leipzig, 1795.
364 PART HI. Ch. XIX. — THE LAW.
magistrate "beareth not the sword in vain." The sword was worn as the symbol of the power of capital punishment. Even by profane writers, says Meyer, " bearing the sword " by a mag- istrate was the emblem of the power over life and death. The same Apostle said (Acts xxv. 11) : " If I be an offender, or have committed anything worthy of death, I refuse not to die ; " which clearly implies that, in his judgment, there were offences, for which the appropriate penalty is death.
2. Besides these arguments from Scripture, there are others drawn from natural justice. It is a dictate of our moral nature that crime should be punished ; that there should be a just pro- portion between the offence and the penalty ; and that death, the highest penalty, was the proper punishment for the greatest of all crimes. That such is the instinctive judgment of men is proved by the difficulty often experienced in restraining the people from taking summary vengeance in cases of atrocious murder. So strong is this sentiment that a species of wild justice is sure to step in to supply the place of judicial remissness. Such justice, from being lawless and impulsive, is too often misguided and erroneous, and, in a settled state of society, is always criminal. It being the nature of men, that if the regular, lawful infliction of death as a judicial penalty be abolished, it will be inflicted by the avenger of blood, or by tumultuous assemblies of the people, society has to choose between securing to the homicide a fair trial by the consti- tuted authorities, and giving him up to the blind spirit of revenge.
3. Experience teaches that where human life is undervalued, it is insecure ; that where the murderer escapes with impunity or is inadequately punished, homicides are fearfully multiplied. The practical question, therefore, is, Who is to die ? the innocent man or the murderer ?
Homicide in Self -Defence.
That homicide in self-defence is not forbidden by the sixth commandment, is plain, (1.) Because such homicide is not mali- cious, and, therefore, does not come within the scope of the pro- hibition. (2.) Because self-preservation is an instinct of our nature, and therefore, a revelation of the will of God. (3.) Be- cause it is a dictate of reason and of natural justice that if of two persons one must die, it should be the aggressor and not the aggrieved. (4.) Because the universal judgment of men, and the Word of God, pronounce the man innocent who kills an- other in defence of his own life or that of his neighbor.